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Springboards to Education Inc V Teach For America Inc

Motion to Dismiss for Failure to State a Claim

39 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Collins v. Morgan Stanley Dean Witter

    224 F.3d 496 (5th Cir. 2000)   Cited 3,698 times
    Holding that a court may consider “[d]ocuments that a defendant attaches to a motion to dismiss ... if they are referred to in the plaintiff's complaint and are central to her claim” (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) )

  4. Cuvillier v. Taylor

    503 F.3d 397 (5th Cir. 2007)   Cited 1,479 times
    Holding that "to survive a Rule 12(b) motion to dismiss, a complaint 'does not need detailed factual allegations,' but must provide the plaintiff's grounds for entitlement to relief-including factual allegations that when assumed to be true 'raise a right to relief above the speculative level.'" (quoting Twombly, 550 U.S. at 555)

  5. Bolger v. Youngs Drug Products Corp.

    463 U.S. 60 (1983)   Cited 772 times   11 Legal Analyses
    Holding ban on "unsolicited advertisements for contraceptives" was not narrowly tailored to interest in "aiding parents' efforts to discuss birth control with their children."

  6. U.S. ex Rel. Willard v. Humana Health Plan

    336 F.3d 375 (5th Cir. 2003)   Cited 988 times
    Holding that the district court did not abuse its discretion in not allowing the plaintiff to amend its complaint because the plaintiff had already had two opportunities to amend their complaint

  7. Nola Spice Designs, L. L.C. v. Haydel Enters., Inc.

    783 F.3d 527 (5th Cir. 2015)   Cited 574 times   1 Legal Analyses
    Finding that "[n]o reasonable juror could find that imagination is required to link" products that featured a dog made of twisted Mardi Gras beads with the contested word mark MARDI GRAS BEAD DOG

  8. Anderson v. District Board of Trustees of Central Florida Community College

    77 F.3d 364 (11th Cir. 1996)   Cited 950 times
    Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

  9. Guidry v. Bank of LaPlace

    954 F.2d 278 (5th Cir. 1992)   Cited 978 times
    Holding that conclusory allegations and unwarranted deductions of fact are not admitted as true

  10. Campbell v. City of San Antonio

    43 F.3d 973 (5th Cir. 1995)   Cited 772 times
    Holding "that the negligent act of a state official which results in unintended harm to life, liberty, or property, does not implicate the Due Process Clause"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 361,353 times   960 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,763 times   327 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  14. Section 1114 - Remedies; infringement; innocent infringement by printers and publishers

    15 U.S.C. § 1114   Cited 8,195 times   90 Legal Analyses
    Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."

  15. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,022 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  16. Section 1116 - Injunctive relief

    15 U.S.C. § 1116   Cited 2,874 times   29 Legal Analyses
    Granting district courts the "power to grant injunctions, according to principles of equity . . ., to prevent the violation of any right" of the trademark owner